I have a roommate that got arrested for a DUI. The bail conditions for Maine state that he can not be caught with alcohol or drugs. Does that go for his roommates too? Can police search rooms with property that does not belong to the defendant?
2007-08-11 10:41:59 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I've looked at your states laws and didn't find what I was looking for but in my state they would only look in areas that person has access to: kitchen, bathroom, his bedroom and such. But, if you have drugs and such, I wouldn't have it on the property because due to his being on bail the police can come and bust the door in at anytime day or night, without warning and without a warrant. Good luck, and remember Drugs and Alcohol Kills, and gets you nowhere!!!!
2007-08-11 11:52:41 · answer #1 · answered by skooter 1 · 0⤊ 0⤋
Probably not. Here's what the American Bar Association has to say about search and seizure:
Does the law permit the police to search a home or items in it?
The police normally cannot search your home unless they have a warrant. The warrant must specify what the police are looking for and at what location they are likely to find it. The law limits the search to areas where it is reasonable to believe the item might be. You cannot look for a bazooka in a breadbox—it is not sensible to look for a large item in a container too small to hold it.
Can the police ever search a home without a warrant?
Yes, if you agree to a search. Also, the police are permitted to search your home without a warrant if there are sufficiently exigent circumstances. These include an emergency situation where
the police have reason to believe someone's life is in danger,
a suspect is about to escape, or
someone might destroy the evidence (flush illegal drugs down the toilet, for example)
In cases such as these when there is no time to get a warrant from the court, the police can search your home without permission.
2007-08-11 18:01:10 · answer #2 · answered by Anonymous · 1⤊ 0⤋
Yes, the police usually get a warrant for an address and it applies to all areas at that address. The office of probation and parole will have restrictions on the areas subject to search, but they operate in a gray area and can call in the police if they have probable cause. You should think about what it is that worries you, and consider whether or not you need to make changes in your own life.
2007-08-11 17:47:42 · answer #3 · answered by Anonymous · 1⤊ 1⤋
If each of you have private rooms, then those areas are outside his scope of consent -- he cannot agree to allow police to search those private rooms, and the police cannot do so without a warrant (or one of the exigency exceptions).
But any common areas that he has access to, those the police can search.
2007-08-11 17:46:12 · answer #4 · answered by coragryph 7 · 1⤊ 0⤋